vindictive ex

What is the name of your state? california
my fiance's ex-wife is destroying his credit. the house was awarded to her, the mortgage was "awarded" to him. she's supposedly responsible for making the payments out of the money automatically deducted from his paycheck each month (per the divorce decree). however, she hasn't made a payment since the divorce was final 9-30-02! my fiance just found this out recently, now that the house is going into foreclosure. true, he's a little gullible since his main concern was for his children & he "never dreamed" his ex would take advantage of him this way. if he makes the back payments that's an extra 8K gifted to her, since there's no way to reclaim it. (plus, she still won't pay). if he doesn't, the house is auctioned & he'll still be responsible for the debt leftover. at least, this is what lawyers are telling him, charging him for, then refusing to take his case.

question #1: what self-respecting divorce lawyer (his) would encourage him to agree to this?
question #2: what would be his best course of action? his ex would rather lose the house than sign it over to him.

[ellencee]

edilu
If he doesn't make the past due payments on the mortgage, any life you plan on having with him will be affected by the foreclosure for about 10 years. Not only that, but he will owe attorneys' fees, court fees, and any outstanding balance on the house. Those expenses will exceed the $8,000 past due payments.

If what you say is true, that he was to give her money to make payments on a mortgage in his name and she failed to make those payments, he should be able to sue her for the $8,000.

If attorneys are refusing to take his case, then there is something of which you are not aware or there is something that you have not stated here.

A reasonable and responsible person absolutely would not fail to make sure the payments were received by the mortgage holder each month. Being concerned about one's children extends to making sure the house in which the children live is not allowed to go into foreclosure.

If you can, post the exact wording of the spousal support order and your fiance's responsibility for the mortgage payments. Maybe one of the attorneys can help you understand why the other attorneys are refusing to represent him.

My advice, pay the money and keep the house of out foreclosure; then, try and recoup any money due from the ex to your fiance. Additional advice is this: think long and hard about marrying a man with these responsibilities and obligations, especially in light of his failure to manage his own financial obligations in a mature and prudent manner.

EC

she's supposedly responsible for making the payments out of the money automatically deducted from his paycheck each month (per the divorce decree).

I doubt that very seriously but post the decree and I'll read it.

what self-respecting divorce lawyer (his) would encourage him to agree to this?

It probably was not his attorney. This happens all the time in divorce cases. Wife gets the house, hubby gets the payments. If you want to blame anyone, blame the court system, the judge or hubby for marrying her.

what would be his best course of action? his ex would rather lose the house than sign it over to him.

Pay the back payments.

As for no attorney wanting to take his case, you haven't stated anything in your post that points to WHAT case? Maybe if you had you would have received an answer to that as well.